Papers

Summary: Psychological injury (mental harm) is an ever-increasing aspect of personal injury cases. This paper re-examines the provisions of the Civil Liability Act 2002 (NSW) against historical and recent cases and provides tips for preparing and defending cases in which an allegation of mental harm is made. Download paper.

Lizzy Mclaughlin, 14 July 2017 Between 1995 and 2014, there was an almost doubling in the reporting of child sexual abuse or child sexual assault offences in NSW. The most recent of these decisions is Hughes v The Queen [2017] HCA 20 (‘Hughes’) which focuses on the criteria for ‘significant…

Terry Betts, 20 May 2016 Good family lawyers should always conduct their litigation with the final hearing in mind. In many cases, the result at the final hearing – whether good or bad – can be traced back to what happened at the beginning. With hindsight, you can often see…

Timothy Bland, 29 April 2016 In formulating this seminar it has become clear that the topic as originally submitted is only part of the way of dealing with judgments and of course Statutory Demands (459E Notices) following the decision In the matter of Douglas Aerospace Pty Ltd [2015] NSWSC 167 (9…

Rebecca Suters, 24 February 2017. This paper is not a paper considering the merits or otherwise of the Pilot program. Neither is it a paper looking at other states in Australia or other countries experiences with pre-recorded evidence. This paper is a practical look at the impact of the Pilot…

Ralph Warren, 7 July 2017 This paper discusses the issue of offers of compromise, and how those offers may need to differ depending upon the Court in which relevant proceedings are brought and then the issue of Calderbank offers which are either exclusive from or may run in conjunction with…